The intervener, Ontario Petroleum Institute, brought a motion to introduce fresh evidence in the form of an affidavit on an appeal.
The respondent, Ontario Energy Board, brought a cross-motion to vary a previous order granting leave to file the evidence.
The Divisional Court treated the motions as a single issue of whether to admit the affidavit.
Applying the Palmer test, the court admitted the affidavit but ordered redactions of irrelevant facts and inadmissible opinion evidence.
